Eleven residents and businesses in Enugu State have sued Governor Peter Mbah over his plans to demolish their businesses, properties and homes.
The said properties were leased to them by the Nigerian Railway Corporation, a federal entity.
In the suit marked No/FHC/EN/CS/168/2023 filed at the Federal High Court, commenced by way of Originating Summons, and has Messrs. U. Maduka & 11 Ors V. Enugu Capital Territory Development Authority & 6 Ors, as the Plaintiffs.
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They sought, among others, the interpretation of Sections 5(3) b), 1, and 49 of the Land Use Act regarding the rights of the state government over federal lands in a state and an order of perpetual injunction, restraining the Enugu State Government and its agencies from tampering howsoever with the rights of the said occupants.
Also, the plaintiffs, through their counsel, formulated three questions for determination and five reliefs for answering the questions in the negative.
“Upon favourable answers to the questions posed, the Plaintiffs seek the following reliefs against the Defendants, jointly and severally, to wit: “Declaration that in the wise of the combined provisions of Section 5(3) (b) of the Constitution of Federal Republic of Nigeria, 1999 (as amended) and Sections 1 and 49 of LandsUse Act, Cap L 15, Laws of Federation of Nigeria, 2004, that 1st to 4 Defendants have neither vires nor powers to order the Plaintiffs to remove their buildings or erections situated along Market Road, and Okpara Avenue, Enugu.
“Declaration that 1st Defendant’s notice of ‘REMOVE BY ORDER’ dated 30th October 2023, and paint markings, “REMOVE IMMEDIATELY” dated 13th November 2023, either issued to the Plaintiffs or embossed on the walls of Plaintiffs’ premises are illegal, incompetent and ultra vires the powers of the 1st to Fourth Defendants.
“Perpetual Injuction restraining the 1st – 4th Defendants, their servants, workmen, agents or privies from howsoever causing or carrying into effect the notice of ‘REMOVE BY ORDER’ and ‘REMOVE IMMEDIATELY’ or impeding Plaintiffs’ ingress or egress on their premises situate along Market Road, and Okpara Avenue, Enugu or effecting the demolition of Plaintiffs’ buildings or erections situate along Market Road, and Okpara Avenue, Enugu.
“ONE HUNDRED MILLION NAIRA (N100,000,000.00) payable by 1st & 2nd Defendants being exemplary and general damages for arbitrary, reckless and unconstitutional issuance of notice to “REMOVE BY ORDER” dated 30th October 2023, issued to the Plaintiffs, and paint markings, “REMOVE IMMEDIATELY” dated 13th November 2023, on the walls of the Plaintiffs premises situate along Market Road, and Okpara Avenue, Enugu.”